Legal Opinion

Lanyon v. Michigan Buggy Co.

Appellate Court of Illinois

Decided March 14, 1901PublishedCited by 2 opinions

Assumpsit.—Error to the Circuit Court, of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error was plaintiff and plaintiff in error was defendant in the trial court. The action was assumpsit and the declaration consisted of three special counts on three promissory notes made by the defendant payable to the plaintiff’s order, and the common counts.

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Assumpsit.—Error to the Circuit Court, of Cook County; the Hon. Abner Smith, Judge, presiding. Heard in this court at the October term, 1900. Statement.—Defendant in error was plaintiff and plaintiff in error was defendant in the trial court. The action was assumpsit and the declaration consisted of three special counts on three promissory notes made by the defendant payable to the plaintiff’s order, and the common counts. February 18,1899, an order was entered sustaining demurrer to defendant’s first and second pleas. Subsequently, the cause was placed on the short cause calendar. In the…

1Opinion of the Court

Mr. Presiding Justice Adams

delivered the opinion of the court.

The foregoing statement would seem sufficient of itself to dispose of this writ of error, without comment. Nevertheless we proceed to discuss the grounds for reversal relied on by counsel for plaintiff in error in their argument.

It is contended that the only proper judgment, if any, which the court could enter, is a judgment on the so-called verdict of a jury copied into the transcript, finding the issues for the plaintiff, etc. The only record showing the impaneling of a jury, is that impaneling a jury to assess damages, which…

2Cases cited10 opinions

  1. Gibler v. City of MattoonIllinois Supreme Court · 1897
  2. Coughran v. GutcheusIllinois Supreme Court · 1857
  3. Church v. EnglishIllinois Supreme Court · 1876
  4. Horn v. Neu & GintzIllinois Supreme Court · 1872
  5. Knott v. SwannellIllinois Supreme Court · 1878

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3Cited by2 opinions

  1. Crowley, Cook & Co. v. SumnerAppellate Court of Illinois · 1901
  2. City of Toluca v. ArnoldAppellate Court of Illinois · 1903

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